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BOC Minutes November 18 2013 November 18, 2013 1 PERSON COUNTY BOARD OF COMMISSIONERS NOVEMBER 18, 2013 MEMBERS PRESENT OTHERS PRESENT Jimmy B. Clayton Heidi York, County Manager Kyle W. Puryear C. Ronald Aycock, County Attorney B. Ray Jeffers Brenda B. Reaves, Clerk to the Board Frances P. Blalock David Newell, Sr. - ABSENT The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, November 18, 2013 at 9:00 am in the County Office Building Auditorium. Chairman Clayton called the meeting to order, led invocation and asked Vice Chairman Jeffers to lead the Pledge of Allegiance. Commissioner Newell was absent due to medical issues. RECOGNITION OF LOCAL GOVERNMENT DAY: Chairman Clayton welcomed the Person High School students enrolled in civics and economics participating in Local Government Day to observe the Board of County Commissioners in session. Chairman Clayton, Vice Chairman Jeffers and Commissioners Puryear, and Blalock proceeded to introduce themselves. County Attorney, Ron Aycock, County Manager, Heidi York and Clerk to the Board, Brenda Reaves also introduced themselves. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Vice Chairman Jeffers and carried 4-0 to add an item to the agenda for the Bromma property Purchase Agreement to follow item #8 and to approve the agenda as adjusted. SCHOOL RECYCLING GRANT AWARDS: Assistant County Manager, Sybil Tate reminded the group that funding for a school recycling grant program was adopted in the Fiscal Year 2013-14 budget in the amount of $14,490. The deadline to submit a proposal was 5:00 pm on September 23, 2013. Ms. Tate noted each proposal submitted was reviewed by the selection committee. The selection committee included Commissioner Blalock, Ken Hill, Solid Waste Advisory Committee Chair and Becky Clayton, Person County Recycling Center Director. Wanda Rogers, Director of Person Industries thanked the group in attendance for their schools’ participation in the recycling program. Ms. Rogers announced all four proposals submitted received some funding. Below is a synopsis of each project that will be funded. November 18, 2013 2 Stories Creek Elementary – Contact: Amanda Bedo Request: $600 for 50 recycling bins and adhesive vinyl Granted: $1250 to purchase bins that will be placed in classrooms, offices, copy room and cafeteria to collect recycling. Plus, adhesive vinyl to label each bin. Estimated amount to be recycled: 2 tons/year Person High School – Contact: Ashley Clayton Request: $2,875 for 125 recycling bins. Granted: $2,875 to purchase bins that will be placed in each classroom to collect recyclables Estimated amount to be recycled: 18 tons/year Roxboro Community School – Contact: MacBeth Ahrens Request: $14,653 for t-shirts, hats, magnets, pencil and banners to promote recycling. Also funds to build a shelter to protect recycling from inclement weather and bins to use inside and outside to hold recyclable materials. Granted: $3,300 to purchase 75 recycling bins for inside use and 16 recycling bins with lids for outside storage Estimated amount to be recycled: 8.55 tons/year Person County Schools – Contact: Jerry Ball Request: $14,000 for additional pick up on Tuesdays. Granted: $7,065 to be used to contract with a private hauler for additional pick ups Estimated amount to be recycled: 50+ tons/year Commissioner Blalock presented Mr. Jerry Ball, Ms. MacBeth Ahrens and Ms. Ashley Clayton with recycling posters to display at their respective schools. Ms. Amanda Bedo was not able to attend the meeting. INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Ms. Sandra Garland of 636 Gentry Dunkley Road, Roxboro, and President of the Person County Needleworkers, Inc., addressed the Board on recent correspondence received from Diane Cox, Director of the state agency that manages the Senior Center that gave notice to the Needleworkers group to vacate the Senior Center space within 30 days. Ms. Garland noted that a meeting was held with Diane Cox whereby Ms. Cox offered the Needleworkers group to meet at the Senior Center and utilize 1,000 cubic feet of storage space with all items in closed containers. Ms. Garland stated in order for the Needleworkers group to produce the usual 3,000-5,000 items a year for the needy, that small amount of storage space is not an option. Ms. Garland reminded the group that the Needleworkers group have used space in the Senior Center since 1984 and requested the Board of Commissioners to assist in a solution for this group of volunteers for a safe, accessible place to meet and produce items for the needy in Person County. November 18, 2013 3 APPROVAL OF MINUTES: A motion was made by Commissioner Blalock, and carried 4-0 to approve the minutes of October 28, 2013 and November 4, 2013. OLD BUSINESS: APPOINTMENT TO THE JURY COMMITTEE: Clerk to the Board, Brenda Reaves stated at the Board’s last meeting on November 4, 2013 an item was added to the agenda related to a current vacancy on the Jury Committee whereby the Clerk of Court, Deborah Barker called upon the Board of Commissioners to recruit, nominate and appoint an individual to fill the vacancy so that the duties to complete the jury pool could be fulfilled during the month of November. A motion was made by Commissioner Puryear on November 4, 2013 and carried 4-0 to nominate for appointment, Lois Winstead, if she would be willing to serve. Clerk to the Board, Brenda Reaves contacted Ms. Winstead on November 5, 2013 and she was appreciative of the nomination however she declined to serve in this capacity. Clerk of Court, Deborah Barker recruited Bayard Crumpton noting he is willing to serve as the county appointee. Upon poll of the Board completed on November 7, 2013, it was the unanimous consensus to accept Bayard Crumpton by nomination for appointment as the county appointee on the Jury Commission. Ms. Reaves requested the Board to consider official appointment of Bayard Crumpton to the Jury Commission for a term to June 30, 2015 with the appointment effective November 7, 2013. A motion was made by Commissioner Puryear and carried 4-0 to appoint Bayard Crumpton to the Jury Commission effective November 7, 2013 for a term to June 30, 2015. FOLLOW-UP ON KIRBY REBIRTH PROJECT REQUEST: County Manager, Heidi York reminded the Board that at the November 4, Board of Commissioners Meeting, a request was brought forward seeking funding to remediate termite damage to the foundation of the Kirby Cultural Arts Complex. The cost estimate was provided by the architect firm, MHAworks, for $110,000 to repair the damaged areas plus an additional $10,000 in engineering fees, for a total cost of $120,000. The Board voted to suspend all work with MHAworks on November 4, 2013. Ms. York confirmed there was no formal contract in place between the County and MHAworks for the remediation of termite damage at the Kirby. November 18, 2013 4 Ms. York stated due to the significant amount of damage, the County Building Inspections requires the County to contract with an engineer to provide specifications for repair. It should also be noted that Building Code requires an engineer for any projects costing over $90,000, and this project fits that criteria. Due to its complexity, Ms. York stated this project will have to be completed in 3 phases, taking up to two months: 1) Phase 1 – have a contractor remove the floor so an engineer can assess the damage. 2) Phase 2 – the engineer will assess the precise damage and provide a repair plan and bid documents. 3) Phase 3 – the County will bid out the project to contractors. Ms. York presented to the Board consideration to use the engineering firm of Gardner & McDaniel of Durham noting their estimated engineering fees for this project is $4,800. Ms. York clarified in the case of architects/engineers; local government guidelines only require use of the bid process if the fee is over $50,000. If under $50,000, units of local government can exempt themselves from the bid process. Ms. York recommended the Board to appropriate the initial full amount at $120,000 to the project and outlined the two options for the Board’s consideration: delay the project and include the $120,000 in the FY14-15 Capital Improvement Plan; or appropriate $120,000 from the County Fund Balance to allow the project to remain on schedule. Commissioner Puryear stated he had no confidence in MHAworks and moved to make the following motion. A motion was made by Commissioner Puryear and carried 4-0 to appropriate $120,000 from the County Fund Balance in the current budget year using Gardner & McDaniel of Durham for the engineering services to remediate termite damage to the foundation of the Kirby Cultural Arts Complex thereby authorizing the exemption of the bid process for the engineer. Ms. York advised that Kirby Rebirth project is being funded with community contributions, not county dollars noting the action by the Board to suspend work with MHAworks will result in $15,000 that has been paid to MHAworks for work completed on the project to be forfeited should another architect be selected to complete the project. Other county projects that the County has been working on with MHAworks include: 1) a window renovation project that has been completed in the amount of $8,000 and 2) an update to the Recreation Master Plan that is being funded through Health Department grant funds, not local dollars. Ms. York confirmed the Health Department grant was drawn down and paid to MHAworks however the Master Plan work has not been completed. Ms. York stated MHAworks will refund the grant funds to the County if the project is pulled and the work is not completed. November 18, 2013 5 NEW BUSINESS: AN OVERVIEW OF SELF-FUNDED INSURANCE: County Manager, Heidi York stated during the insurance renewal for Fiscal Year 2013-2014 a hybrid self-funding health insurance option was presented to the Commissioners for consideration as an alternative to a fully-insured benefit plan. Although, the Board voted to remain fully-insured, Ms. York noted as the Fiscal Year 2014-2015 insurance renewal period is approaching, the self-funded option merits some discussion and review. Ms. York introduced Mr. Bryan Bickley of Scott Benefit Services to provide an overview of the self-funded insurance option and further explain fully- insured versus self-insured. With the constant changes in health care and escalating costs of providing benefits, Ms. York stated it is very important for the Board to explore all options as the County enters into the 2014-2015 insurance renewal period. Mr. Bickley stated his goal was to provide a brief overview of self-funding in general for the Board’s information to use for evaluation with data in early 2014. Mr. Bickley noted for employers with 200 plus employees, self-funding options were of more merit. Mr. Bickley stated the County had limited data with Blue Cross to review noting he would be meeting with the Human Resources Director to evaluate funding of the County’s insurance with unlimited Coventry data. Mr. Bickley noted the Accountable Care Act has provisions that restrict what types of coverage in a fully insured environment, specifically new fees and taxes for all health plans but even more so in fully insured plans over the self-funded plans. Mr. Bickley stated there are three new Accountable Care fees and taxes effective in 2014, two apply to both fully funded and self-funded and the third related to a health insurance industry fee was originally set up for fully insured insurance companies to pay but that fee is being is passed along to the customer. Mr. Bickley proceeded to following presentation for the Board information: November 18, 2013 6 November 18, 2013 7 November 18, 2013 8 November 18, 2013 9 November 18, 2013 10 November 18, 2013 11 November 18, 2013 12 November 18, 2013 13 November 18, 2013 14 Vice Chairman Jeffers asked what the advantage of the County self-funding was over the fully funded as the fully funded plan is a fixed rate and the County can budget such. Mr. Bickley stated in a five-year period, the County will win approximately three years, break even one year and lose one year noting the key is budgeting at the appropriate level so those three years that the County does well builds up a reserve for the bad years. Mr. Bickley stated an approximate 10% savings with the self-funding plan over the fully insured environment. Mr. Bickley noted the County is getting a 62% discount with Coventry and the necessary claims data (ideally two years of data) to fund at the appropriate level. Mr. Bickley suggested the Board to review the fully insured relative to self-funding comparatively of the advantages and disadvantages. Vice Chairman Jeffers stated the need for more data noting the County is in its first year with Coventry and has a relatively young work force reiterating the fixed rate is a known budget cost. Commissioner Puryear asked Mr. Bickley to explain the denied claim process. Mr. Bickley stated typically the County would pay a third party administrator to administer the plan and resolve grievances such as appeals. Examples of a third party include MedCost, Blue Cross and Coventry. Mr. Bickley noted as long as the claim was paid under the contract of the summary plan description, the plan will cover the cost with the County’s responsibility for amount beneath the deductible and the insurance would pay above the deductible. STRATEGIC PLAN UPDATE: Assistant County Manager, Sybil Tate told the Board the Strategic Plan groups have been working hard to develop performance measures and actions to continue to make progress on the strategic plan. After almost three years of progress on the plan, there are many objectives that have been completed and some that needed updating. Ms. Tate noted new interest from new organizations that would like to participate in the plan, so some new objectives have been added. In addition, Ms. Tate stated that due to the amount of effort needed to identify measures and actions, the groups have extended goals and actions to Fiscal Year 2017 noting the desire of the groups that the strategic plan is a living document and needs to have the ability to be flexible and change as circumstances change. Ms. Tate presented to the Board sample action plans and lists of indicators from the Re-Imagine our County for a Better Future group and the Protect Our Land group and requested feedback. Ms. Tate noted last year, the Board received a list of priorities from each Strategic Plan group during the budget retreat. Ms. Tate stated staff will work with each group and the Executive Committee to select priority items from the Action Plans, as well as the November 18, 2013 15 cost of implementing those actions and a timeline in order to present them at the annual budget retreat for funding consideration. Commissioner Blalock challenged the students in the audience to get involved with the community through participation with the County’s Strategic Plan. Vice Chairman Jeffers noted the participation of the community providing input and advocated for a consultant’s opinion for further implementation of measures and actions. Commissioner Puryear agreed with Vice Chairman Jeffers noting his top priority for the County is to improve infrastructure, i.e. broadband, public communication as well as the ability to offer job training at the local college for any businesses that located in Person County. FARMLAND PROTECTION PLAN: Assistant County Manager, Sybil Tate reminded the Board that the Piedmont Conservation Council presented information to the Board in September about their organization and discussed the types of projects that the Piedmont Conservation Council has supported in surrounding counties, such as developing a Farmland Protection Plan. Ms. Tate noted the Board expressed interest in creating a Farmland Protection Plan for Person County at that time. Ms. Tate noted two representatives from Person County attended the Piedmont Conservation Council’s meeting in October and shared the Board’s interest in moving forward with a Farmland Protection plan with the Piedmont Conservation Council. The Piedmont Conservation Council directed its Executive Director, Jacob Leech to move forward with the process to secure grant funds to create a Person County Farmland Protection Plan noting the grant application is due December 16, 2013. By August 2014, Person County will know the results of the grant award. Mr. Leech noted the allocation from the ADFP for Farmland Protection Plans has decreased to $14,000 this year. As a result, Ms. Tate stated Person County will need to secure an additional $5,000-$6,000 cash match to move forward with the plan. Staff members from Extension and the Soil and Water Office have visited with stakeholder organizations in the county to ask for contributions. While these organizations have expressed interest in providing funding for the plan, they have also asked if the County could provide $2,000 of the $5,000-$6,000 for the plan. Ms. Tate noted in addition to the $5,000-$6,000 in cash match that is needed, Person County employees will need to provide $5,000- $6,000 of in-kind match. The in- kind match can be achieved through staff time spent at meetings, interviews, etc. November 18, 2013 16 Mr. Leech stated the objectives of the Farmland Protection Plan are to identify goals, strengths and weaknesses to preserve farmland and open space and to protect long term agricultural economy viability as well as preserve the agriculture heritage in the County. Ms. Claudia Berryhill, one of the County representatives for the Piedmont Conservation Council advocated for the Board’s approval to proceed with the Farmland Protection Plan. Vice Chairman Jeffers asked the County Attorney if a conflict of interests is present due to him serving on the state committee. County Attorney, Ron Aycock stated there was no conflict of interest issue. County Manager, Heidi York recounted the total cost is $20,000 with the possible grant award of $14,000 with the local match at $6,000. Of the $6,000 local match, a request is made to the Board for $2,000 with the remaining $4,000 to be funded by community organizations. A motion was made by Commissioner Puryear and carried 4-0 to appropriate $2,000 from the County’s Contingency Fund for the Person County Farmland Protection Plan and to allow County staff to provide $5,000-$6,000 of in-kind match. AN ORDINANCE PROHIBITING THE “OPEN CARRYING” OR DISPLAYING OF WEAPONS ON COUNTY PROPERTY AND DIRECTING THE POSTING OF NOTICES TO THAT EFFECT: County Attorney, Ron Aycock stated the proposed Ordinance prohibiting the open carrying or displaying of weapons on County property and directing the posting of notices to that effect has resulted from three recent incidents where an individual brought a non-concealed weapon onto county-owned properties. Mr. Aycock noted the proposed Ordinance before the Board supplements the 1995 Ordinance prohibiting the carrying of concealed weapons on County property and bans non-concealed weapons from County property in accordance with the current General Statutes and authorizes the County Manager to post signage in appropriate locations. Mr. Aycock told the group the Board is not required to have a public hearing but may call for a public hearing if so desired. The Board may adopt the proposed Ordinance as presented at the First Reading by unanimous vote or by simple majority vote at the Second Reading. Vice Chairman Jeffers requested clarification of the language used in Section 2 and Section 3 related to a handgun or weapon permittee may, at the designated parking area of a facility, secure the handgun or weapon in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle for November 18, 2013 17 individuals with conceal carry permits only. Mr. Aycock responded the intent was to prohibit open carrying or displaying of weapons on County property. Vice Chairman Jeffers stated support for individuals without conceal carry permits to be allowed to secure a handgun or weapon in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle in designated parking areas in the County. In addition, Vice Chairman Jeffers advocated for the language of the definition of a pocket knife to be expanded. It was the consensus of the Board for the County Attorney to revise language in the proposed Ordinance and to bring back to the Board at its next meeting on December 2, 2013. BROMMA PROPERTY PURCHASE AGREEMENT: County Manager, Heidi York presented a draft letter addressed to the realtor representing the owner of the Bromma property for the Purchase Agreement by and between the County and Danny Talbert to extend the contract closing from December 1, 2013 to January 1, 2014 to enable the owner more time to attempt to secure the necessary zoning change from the City of Roxboro. In addition, per the contract, the due diligence period ends on November 15, 2013 and Ms. York recommended extending this date to December 15, 2013. Ms. York announced that she was told the City of Roxboro will be placing the rezoning request on the Council’s agenda for December 10, 2013. Ms. York stated the other two contingencies have been done; the environment assessment has been completed and the railroad easement has been granted to Person County. A motion was made by Commissioner Blalock and carried 3-1 to approve the letter addressed to the realtor representing the owner of the Bromma property for the Purchase Agreement by and between the County and Danny Talbert to extend the contract closing from December 1, 2013 to January 1, 2014 and the due diligence date from November 15, 2013 to December 15, 2013. Commissioner Puryear cast the lone dissenting vote noting the timing is not right for this project and he did not support the additional burden on the taxpayers when other locations were available at lower costs. Commissioner Blalock countered that the intent of the project was to merge two agencies (Person Industries and Person County Recycling Center) into one county-owned location thereby creating less expenses (currently paying rent both existing facilities) and increased efficiency noting the Bromma property provided the least expensive option of the seven properties reviewed. Commissioner Puryear added he had a conversation with Commissioner Newell in the hospital and he was not in favor of extending the contract closing. Chairman Clayton commented that this project, if approved, may open up some space that could be used temporarily for programs at the Senior Center, if needed. November 18, 2013 18 Due to the guest speakers had not arrived to the meeting related to the Status Update on the Upper Neuse River Basin Association Activities, Chairman Clayton proceeded with the agenda to Chairman, Manager, Commissioner Reports as well as the scheduled Closed Session. CHAIRMAN’S REPORT: Chairman Clayton announced the Economic Development Commission would be meeting on Thursday, November 21, 2013 at 8:00 am in the Tax Office Conference Room noting Charles Hayes with the Research Triangle Regional Partnership would be presenting a funding request for consideration. Chairman Clayton clarified for the group in attendance that the current Senior Center facility is owned by the City of Roxboro and the programs are operated through a non-profit. Chairman Clayton stated there are many ribbon cuttings scheduled for this week and for anyone interested to contact him or the Chamber of Commerce for detailed information. MANAGER’S REPORT: County Manager, Heidi York informed the group that the Helena Steering Committee has been meeting and working to develop a community survey tool to receive input related to the desired amenities for that site as well as planning a community forum and a Speaking Tour with civic groups. Ms. York requested Board direction related to the County allowing MHAworks to complete the work on the Recreation Master Plan or if she should pursue a refund. Ms. York clarified the County Inspection Department had received complaints related to the safety issues of the current Senior Center facility to which the inspection called for the City of Roxboro to complete a fire inspection as well as have a structural engineer’s assessment within thirty days. Ms. York stated she would be meeting with Commissioner Newell as a follow up to the Board meeting. November 18, 2013 19 COMMISSIONER REPORT/COMMENTS: Commissioner Blalock reported the following: • She is the commissioner representative on the Senior Center Board and their next meeting is in early December. • Explained to the group that each commissioner has additional community committee/board meetings they attend on a regular basis. • Stated she would be speaking to students at Person High School on Thursday, November 21, 2013, and • She would attend a community visioning meeting on Tuesday, November 19, 2013 at Roxboro Baptist Church at 6:30 pm. Commissioner Puryear has no report but thanked the group of students attending the meeting and encouraged them to stay active in the community. Vice Chairman Jeffers reported that he and the County Manager are working on organizing a Youth Advisory Committee for Person County and welcomed students in the audience to consider serving and/or providing input. Vice Chairman Jeffers stated he recently attended a NACo sponsored Rural Policy Research Institute Conference in Nebraska that focused on data and research analysis for rural counties. Following Commissioner Comments, it is the consensus of the Board to enter Closed Session in their usual Boardroom 215. Upon the return to open session after Closed Session, the regular meeting would continue in the Auditorium for the remaining item on the agenda. November 18, 2013 20 CLOSED SESSION #1 A motion was made by Commissioner Puryear and carried 4-0 to enter Closed Session per General Statute 143-318.11(a)(6) to review personnel performance at 10:37 am in the Boardroom 215 with the following individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock and Assistant County Manager, Sybil Tate. Chairman Clayton called the Closed Session to order at 10:47 am. A motion was made by Commissioner Blalock and carried 4-0 to return to open session at 11:07 am. It was the consensus of the Board to direct the County Manager to extend an invitation to the City of Roxboro for a meeting to include Chairman Clayton, Vice Chairman Jeffers, County Manager, Heidi York, Mayor Newell, Mayor Pro Tem Davis and City Manager Stephen Steese. The Board returned to the Auditorium and reconvened the meeting at 11:13 am. November 18, 2013 21 STATUS UPDATE ON UPPER NEUSE RIVER BASIN ASSOCIATION ACTIVITIES: Chairman Clayton gave the floor to Mr. Jim Wrenn, legal counsel assisting Granville County and the other participating jurisdictions related to the joint operation stormwater program, Mr. Forrest Westall, Executive Director of the Upper Neuse River Basin Association (UNRBA), Mr. Kelway Howard, Stormwater Utility Engineer and Henrietta Locklear, Director of the Stormwater Utility with Raftelis Consulting to provide an update and answer questions about what services the utility is providing and issues across the jurisdictions. Person County is a member of UNRBA along with thirteen other jurisdictions located in the watershed. The primary goal of the UNRBA is to serve the members of the organization and help them collectively address concerns about the restrictive nature of the Falls Lake Rules. Mr. Westall gave the Board an overview of the role of the UNRBA. Mr. Westall stated water monitoring is scheduled to begin in the spring of 2014 and take place for a minimum of four and up to five years to collect the appropriate data to legally request the state to reduce the mandated requirements. Mr. Westall reminded the Board that Stage II will be mandated in 2021-2043 and is estimated to cost $1-$2 billion for implementation across the watershed. Ms. Locklear updated the Board that the Stormwater Utility represents joint operation for Granville and Person Counties and the Towns of Butner and Stem and the City of Creedmoor for group resources for new development, work plan reviewing budget and planning for the next year as well as keeping the billing systems up to date. Ms. Locklear stated 36 permits were issued with only two that were over the threshold requiring engineer review. When asked about the fee structure across jurisdictions, Mr. Wrenn stated the fees are used for testing, dues, technology assessment, staffing and that uniformity across the jurisdictions creates a core level of complexity to implement the rules in a more efficient way through UNRBA. Chairman Clayton told the group of a particular case that he thought, in his opinion, had been assessed with excessive fees noting the impervious nature of the soil is not taken into account. Chairman Clayton requested the representatives present to review any such possibility to lobby for an amendment to the state to consider the nature of the soil. Chairman Clayton announced the next UNRBA meeting will be held on Wednesday, November 20, 2013 at 9:30 am in the Butner Town Hall facility. November 18, 2013 22 ADJOURNMENT: A motion was made by Vice Chairman Jeffers and carried 4-0 to adjourn the meeting at 11:51 am. _____________________________ ______________________________ Brenda B. Reaves Jimmy B. Clayton Clerk to the Board Chairman